Judge Andrews recently issued his amended construction of several disputed terms in U.S. Patent No. 6,565,514, a blood pressure system patent asserted by St. Jude against Volcano Corp. The Court construed the following terms:
– “Displaying said graph”
– “of the data resulting from said calculation”
– “Detecting continuously at least two physiological variables, arterial pressure (Pa) and distal coronary pressure (Pd), derived from the guidewire-mounted pressure sensor”
– “Sensor element”
In construing these terms, Judge Andrews also found that the term “of the data resulting from said calculation” was not indefinite. St. Jude Med., Cardiology Div., Inc., et al. v. Volcano Corp., C.A. No. 12-441-RGA, Or. at 1-5 (D. Del. Apr. 1, 2014).
Judge Andrews’ amendments above were to his original claim constructions from May, 2013. In 2013, Judge Andrews had engaged in expedited briefing and argument of claim construction based on the parties’ representation that such an exercise would resolve the litigation. As he has explained in yet another claim construction opinion, however, the prior claim constructions did not end the litigation and the Court has now addressed several other disputed terms in the patent-in-suit. St. Jude Med., Cardiology Div., Inc. v. Volcano Corp., C.A. No. 12-441-RGA, Memo. Op. at 2 (D. Del. Apr. 22, 2014).
The new terms that Judge Andrews has construed are:
– “a ratio element, said ratio element being capable of calculating a ratio Pd/Pa from said measured physiological variables (Pa, Pd) by processing said processable signals”
– “a marking element, said marking element being capable of marking automatically, or manually by an operator/user, at least one interesting point or portion on the graph”
– “a calculating element, said calculating element being capable of using said interesting point on the graph for calculating a new physiological variable”
– “software code for performing the steps of claim 1″
– “a computer readable program for causing a processor in a control unit to control an execution of the steps of claim 1″
– “displaying intermediate and final results of the method of claim 1″